Acórdão nº 062476 de Supremo Tribunal de Justiça (Portugal), 03 de Dezembro de 1968 (caso NULL)
Magistrado Responsável | CAMPOS DE CARVALHO |
Data da Resolução | 03 de Dezembro de 1968 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: PROVIDO.
¡rea Tem·tica: DIR CIV - DIR REAIS. DIR PROC CIV.
LegislaÁ„o Nacional: CCIV867 ART10 PARUNICO ART1555 ART2177. CPC61 ART447.
JurisprudÍncia Nacional: AC STJ DE 1950/02/19 IN BMJ N64 PAG440. AC STJ DE 1950/06/16 IN BMJ N19 PAG352. AC RC DE 1949/10/18 IN BMJ N17 PAG321.
Sum·rio : I - N„o e de interesse e ordem publica o preceito do artigo 2177 do Codigo Civil de 1867, que estabelece n„o poder o comproprietario dispor especificadamente de qualquer parte do objecto comum, sem que esta lhe seja assinada em partilha. II - Assim, a venda feita com infracÁ„o daquele preceito e ferida de nulidade relativa, sanavel pelo consentimento dos outros comproprietarios, resultando tal consentimento do facto destes comproprietarios proporem acÁ„o de preferencia. III - Desde que se alega, como...
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